Other Polices and Issues:
This page is dedicated to the long-winded and "Finely-Detailed Issues" of buying a firearm. It's not really "fun" reading, so go back to the "Simplified Process" section under the "Buying a Gun" tab to see how it's done. If you ARE planning on buying a gun through me, then it's time to read through the details below.
Finely-Detailed Issues:
Gary's Guns and Gunsmithing will only accept transfer of firearms that are legal for sale in the state of California.
It is the YOUR responsibility to confirm that the firearm you are purchasing complies with ALL state and federal laws. I will help you with this if you contact me, but ultimately you are responsible if you buy a gun and then find out it cannot be transferred in California.
Here's the "hard-nosed" list of issues: (but email me with what you want and I'll help you figure out how to get it if possible!)
HANDGUNS: Must be listed on the DOJ roster of approved handguns: http://certguns.doj.ca.gov/
If your handgun is NOT marked EXACTLY as it appears on the roster, IT IS NOT LEGAL FOR SALE IN CALIFORNIA and I can NOT transfer the gun for you. (Though there are exempt guns, like single-action revolvers and single-shot pistols.) I will either send it back to the seller at your expense, or turn it over to local law enforcement if you refuse to pay for return shipping. NO EXCEPTIONS.
LONG GUNS: Most are not a problem, but if you get into semi-auto rifles, like an AR or AK, you must check to determine if your gun passes the legal test. If there is even ONE variation to your long gun, or a feature that would make the firearm illegal in the state, DO NOT buy it. I cannot legally take possession of the firearm, and will be required to immediately turn it over to local law enforcement. It is YOUR responsibility to confirm that the gun is legal BEFORE YOU PURCHASE IT. In reality, FFLs and gun stores in general won't sell illegal guns to CA since they would be breaking the law. Just get a hold of me before you ship one to me!
SHOTGUNS: Hunting guns are rarely a problem but if you are looking for a "tactical" or defense oriented gun you must check to determine if your shotgun passes the legal test. If there is even ONE variation to your shotgun, or a feature that would make the firearm illegal in the state, DO NOT buy it. I cannot legally take possession of the firearm, and will be required to immediately turn it over to local law enforcement. It is YOUR responsibility to confirm that the gun is legal BEFORE YOU PURCHASE IT. Again, in reality, FFLs and gun stores in general won't sell illegal guns to CA since they would be breaking the law. Just get a hold of me before you ship one to me!
LARGE CAPACITY MAGAZINES: I can accept your (legal) guns if they come with magazines that hold more than 10 rounds if you are a law enforcement officer, otherwise I can't accept them.
All new firearms transfers are subject to State Sales Tax of 8.75% which must be collected before we start the transfer process. The amount of sales tax collected is based on the sales invoice price of your new firearm. You are REQUIRED to have your seller send a copy of the sales invoice with your firearm when it is shipped to me. Certain private party used firearm transfers are not subject to state sales tax.
Gary's Guns and Gunsmithing will only accept transfer of firearms that are legal for sale in the state of California.
It is the YOUR responsibility to confirm that the firearm you are purchasing complies with ALL state and federal laws. I will help you with this if you contact me, but ultimately you are responsible if you buy a gun and then find out it cannot be transferred in California.
Here's the "hard-nosed" list of issues: (but email me with what you want and I'll help you figure out how to get it if possible!)
HANDGUNS: Must be listed on the DOJ roster of approved handguns: http://certguns.doj.ca.gov/
If your handgun is NOT marked EXACTLY as it appears on the roster, IT IS NOT LEGAL FOR SALE IN CALIFORNIA and I can NOT transfer the gun for you. (Though there are exempt guns, like single-action revolvers and single-shot pistols.) I will either send it back to the seller at your expense, or turn it over to local law enforcement if you refuse to pay for return shipping. NO EXCEPTIONS.
LONG GUNS: Most are not a problem, but if you get into semi-auto rifles, like an AR or AK, you must check to determine if your gun passes the legal test. If there is even ONE variation to your long gun, or a feature that would make the firearm illegal in the state, DO NOT buy it. I cannot legally take possession of the firearm, and will be required to immediately turn it over to local law enforcement. It is YOUR responsibility to confirm that the gun is legal BEFORE YOU PURCHASE IT. In reality, FFLs and gun stores in general won't sell illegal guns to CA since they would be breaking the law. Just get a hold of me before you ship one to me!
SHOTGUNS: Hunting guns are rarely a problem but if you are looking for a "tactical" or defense oriented gun you must check to determine if your shotgun passes the legal test. If there is even ONE variation to your shotgun, or a feature that would make the firearm illegal in the state, DO NOT buy it. I cannot legally take possession of the firearm, and will be required to immediately turn it over to local law enforcement. It is YOUR responsibility to confirm that the gun is legal BEFORE YOU PURCHASE IT. Again, in reality, FFLs and gun stores in general won't sell illegal guns to CA since they would be breaking the law. Just get a hold of me before you ship one to me!
LARGE CAPACITY MAGAZINES: I can accept your (legal) guns if they come with magazines that hold more than 10 rounds if you are a law enforcement officer, otherwise I can't accept them.
All new firearms transfers are subject to State Sales Tax of 8.75% which must be collected before we start the transfer process. The amount of sales tax collected is based on the sales invoice price of your new firearm. You are REQUIRED to have your seller send a copy of the sales invoice with your firearm when it is shipped to me. Certain private party used firearm transfers are not subject to state sales tax.
Storage Policy:
$10/day, per item, will be charged for each item left for 30 days or more, charged from the first day, if no prior arrangements are made. There is no storage charge for items picked up in under 30 days. Other storage is by prior arrangement. Any firearm left for over 45 days (total) will be considered abandoned and will become the FFL's property. This and any storage charge may be waived by advance agreement or under unusual circumstances with independent verification. The reason for this is to strongly encourage the prompt pickup of all items... I only have so much space in the gun safe. I don't expect to ever have to invoke the "Storage Policy" but it's here just in case. Payment Policy: All sales are final and there are no refunds on special orders unless approved in advance. Payment is to be by check or cash at the start of the waiting period and only cash at the time of pickup. Credit cards are accepted but there will be a 3.5% surcharge to cover my extra cost and I'd rather not take them. The customer is responsible for any and all collection/attorney charges/fees/expenses related to this transaction. The FFL is providing the transfer service as a public service, at a minimal cost, which does not typically cover the expenses. |
Shipping Policy:
If I'm shipping for you or to you, by law I must ship them to a licensed dealer in your state of residence. Firearms cannot be shipped directly to the purchaser. No exceptions. When ordering, please provide me with the name and phone number of the dealer you would like the firearm shipped to, and I will contact them to arrange delivery. I normally ship within 2 or 3 days. If a longer lead time is needed, I will contact you via email. I will email a notification when your order has shipped along with a tracking number. I ship via USPS and FedEx. Other Shipping. Return Policy: Firearms: All firearms sales are absolutely final. Once the transfer has been completed, firearms cannot be returned for a refund, as the gun is now considered used. At my discretion, I may offer to buy the firearm from you as a used item, or sell it for you on consignment. It is important you carefully inspect a firearm before doing the paperwork in case there is a warranty issue. Non-firearms: Items may be returned in original, unopened condition within 10 days of sale for a refund, less shipping charges and a 15% restocking fee. Special order items are not refundable. |
Unusual Circumstances:
Delays:
Please be aware that sometimes on the background check I may receive a "Delay" status, which means that NICS must do some additional research before issuing a final status. A delayed status may take only a few minutes to clear, or up to a full 30 days. Until I receive a "Proceed" status from NICS, I cannot deliver the gun.
Denials:
NICS may also return a "Denied" status, which means that I am not permitted to transfer a firearm to you, because NICS believes that you have some disqualifying factor in your background. If you believe NICS is mistaken (and they do sometimes make mistakes), there is an appeal process which you can use to correct the problem. I cannot help you with this. You would have to contact a lawyer.
Caveats:
Unlike buying a gun in a local gun store, there are a few "gotchas" that can crop up when you buy a gun for later interstate transfer. In a local gun shop, you'll typically complete your instant background check before pay for your gun. If there's a problem with the background check, you don't pay until the problem is resolved. But when you buy a gun from an online dealer, an auction or another out-of-state seller, you generally pay the seller before the gun is shipped to you, and long before your local FFL runs the instant background check. You need to be aware that, although you do own the gun, if the background check does not succeed, you may not be able to possess the gun that you own.
What I can't do, and what I can do:
Please understand, however, that if I receive a "Denied" response from NICS, I absolutely cannot, under any circumstances, transfer your firearm to you, nor can I transfer it to anyone I have reason to believe might in turn give the firearm to you (like a spouse, relative or friend), known as a "Straw Buyer". I can hold your gun for you while you file a NICS appeal, and if you are successful in overturning the denial, I will transfer the gun to you at that time. Storage fees will be incurred if the time is excessive. If you do not appeal, or if your appeal is not successful, I can return the firearm to the sender or the sender's FFL (at your expense and if the sender will accept it).
Know your status, and know your options:
Unfortunately, dealers are not permitted to run background checks to "pre-screen" buyers to ensure they can legally purchase a firearm. So, if you are thinking about buying a gun from an out-of-state seller, make sure you know you are eligible to purchase a firearm, and know whether your seller is willing to accept the return of the firearm if there is any chance of a NICS denial. If you need a pre-check, you can contact the California DOJ.
DISCLAIMER:
Gary's Guns and Gunsmithing makes no representations or warranties of any kind, express or implied, as to the use of this site or the information or products therein. All warranty issues are to be directed to the product manufacturer.
Buyer assumes all responsibility for ensuring compliance with all federal, state, and local laws prior to submitting an order for any restricted or prohibited items.
Delays:
Please be aware that sometimes on the background check I may receive a "Delay" status, which means that NICS must do some additional research before issuing a final status. A delayed status may take only a few minutes to clear, or up to a full 30 days. Until I receive a "Proceed" status from NICS, I cannot deliver the gun.
Denials:
NICS may also return a "Denied" status, which means that I am not permitted to transfer a firearm to you, because NICS believes that you have some disqualifying factor in your background. If you believe NICS is mistaken (and they do sometimes make mistakes), there is an appeal process which you can use to correct the problem. I cannot help you with this. You would have to contact a lawyer.
Caveats:
Unlike buying a gun in a local gun store, there are a few "gotchas" that can crop up when you buy a gun for later interstate transfer. In a local gun shop, you'll typically complete your instant background check before pay for your gun. If there's a problem with the background check, you don't pay until the problem is resolved. But when you buy a gun from an online dealer, an auction or another out-of-state seller, you generally pay the seller before the gun is shipped to you, and long before your local FFL runs the instant background check. You need to be aware that, although you do own the gun, if the background check does not succeed, you may not be able to possess the gun that you own.
What I can't do, and what I can do:
Please understand, however, that if I receive a "Denied" response from NICS, I absolutely cannot, under any circumstances, transfer your firearm to you, nor can I transfer it to anyone I have reason to believe might in turn give the firearm to you (like a spouse, relative or friend), known as a "Straw Buyer". I can hold your gun for you while you file a NICS appeal, and if you are successful in overturning the denial, I will transfer the gun to you at that time. Storage fees will be incurred if the time is excessive. If you do not appeal, or if your appeal is not successful, I can return the firearm to the sender or the sender's FFL (at your expense and if the sender will accept it).
Know your status, and know your options:
Unfortunately, dealers are not permitted to run background checks to "pre-screen" buyers to ensure they can legally purchase a firearm. So, if you are thinking about buying a gun from an out-of-state seller, make sure you know you are eligible to purchase a firearm, and know whether your seller is willing to accept the return of the firearm if there is any chance of a NICS denial. If you need a pre-check, you can contact the California DOJ.
DISCLAIMER:
Gary's Guns and Gunsmithing makes no representations or warranties of any kind, express or implied, as to the use of this site or the information or products therein. All warranty issues are to be directed to the product manufacturer.
Buyer assumes all responsibility for ensuring compliance with all federal, state, and local laws prior to submitting an order for any restricted or prohibited items.